Civil Cases vs. Criminal Cases: Key Differences

Civil cases involve private disputes between at least two private parties, while criminal cases involve an action considered harmful to society as a whole (criminal offense). The defendant commits these offenses against the "state" or "the people."

In civil cases, the parties typically turn to civil court to resolve their disputes, and they must hire a private attorney to prosecute their case. In criminal cases, district attorneys prosecute defendants on behalf of the state.

Finally, one may lose their freedom if they are convicted in a criminal case but not in a civil case.

This FindLaw article explores some key differences between civil cases and criminal cases.

Civil Cases

A civil case begins when an individual or entity (such as a corporation), the plaintiff, files a legal action against another individual or entity, the defendant. The plaintiff and the defendant are also called "parties" or "litigants." The plaintiff usually claims the defendant has breached a civil duty or been negligent in some way. Contracts and negligence cases are examples of torts.

State and federal courts can hear civil suits. An example of a civil case in a state court would be if one party sued another for breach of contract. In breach of contract, one party fails to follow the terms that the parties previously agreed to.

For example, a lumberyard contracts to sell wood to a carpenter for a set price. On the delivery date, the lumberyard fails to deliver the wood. The carpenter needed the wood that day, so they had to buy it elsewhere at a higher price. The lumberyard has breached the contract, and the carpenter can sue for damages, the costs of buying the wood, and any delay in the project.

Parties, including the federal government, can bring civil suits to federal courts. Federal courts hear violations of federal statutes and constitutional rights. They also hear "diversity" cases where parties are from different states.

Constitutional Rights

In a civil trial, constitutional rights to due process don't apply in the same way as in criminal court. Defendants don't have the same right to a speedy trial. There is no bail or bond in a civil lawsuit. The burden of proof is on the plaintiff, but in most cases, the burden is only a preponderance of the evidence. This usually means "more likely than not."

Criminal Cases

Criminal cases fall into several categories:

• Felonies,

• Misdemeanors, and

• Infractions.

The category of these types of cases depends on the nature of the crime and the length of the sentence.

Felonies

Felonies are the most serious crimes, with sentences that exceed one year. They typically include but are not limited to the following

• Homicide,

• Armed robbery,

• Kidnapping, and

• Drug trafficking.

They may also include high-dollar value white-collar crimes, like embezzlement.

Misdemeanors

Misdemeanors are less serious crimes that typically carry jail sentences of less than one year. They can include, but are not limited to, the following:

• Petty theft,

• Simple assault and battery,

• Property crimes, and

• Minor traffic crimes.

Infractions

Infractions are minor crimes, typically punishable by fines. Most people have committed one infraction such as one of the following:

• Minor traffic violations

• Public intoxication or similar crimes.

Prosecuting Criminal Offenses

In our justice system, the victim does not bring criminal charges against the suspect. The government prosecutes the crime on behalf of the state where the crime occurred. Under the U.S. Constitution, all defendants in criminal court have the right to due process. Due process at trial includes:

• The right to a criminal defense attorney during trial

• The right to a presumption of innocence

• The right to a speedy trial

• The right to make bail

• The right to call witnesses in their defense and to confront witnesses against them

In a criminal case, the prosecution has the burden of proof against the defendant and must prove guilt beyond a reasonable doubt. The principal difference in a criminal case is that the defendant is facing a loss of their liberty, so there's a higher standard of proof in a criminal case than in civil litigation.

Civil Cases vs. Criminal Cases:

Some acts are both civil and criminal in nature. For example, the intentional tort of assault and battery can also be the crime of assault and battery. More often, a plaintiff would file the intentional tort action because the battery did not rise to the level of a criminal assault.

Criminal acts frequently give rise to civil liability. Defendants charged and convicted of homicide are often sued for wrongful death after the criminal trial ends. The criminal case punishes the wrongdoer, while the civil case attempts to compensate the victim or their family.

Get Professional Legal Help

If you've been accused of a crime and are facing jail time, you need a criminal defense attorney. They are experts in criminal law and can provide sound legal advice. If you have a personal injury claim or other civil matter, you should speak to a personal injury attorney in your area, as they are experts in this area of the law.